Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010433402026 NC: 2026:KHC:40310 CRL.P No. 9221 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9221 OF 2026 BETWEEN:
MANU G.C S/O CHANDRAPPA AGED ABOUT 31 YEARS ADDRESS - GANGAGODANAHALLI VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 002. …PETITIONER (BY SRI N. RAMAKRISHNA, ADV., FOR SRI M.R. HIREMATHAD, ADV.) AND:
1.
STATE OF KARNATAKA BY CHANNAGIRI POLICE STATION DAVANAGERE DISTRICT REP. THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU.
2.
SMT. MEGHANA W/O LATE DEELIP AGED ABOUT 26 YEARS HEBBALLI VILLAGE, HOSADURGA TQ CHITRADURGA DIST. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.44/2023 (CRIME NO.465/2022) REGISTERED BY THE CHANNAGIRI POLICE STATION PENDING ON THE FILE OF THE HONBLE II ADDL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE FOR THE OFFENCE P/US/ 498-A,504,323,114,120-B,302,304- B,201,314,34 OF IPC AND SEC.3 AND 4 OF DP ACT 1961.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010433402026 NC: 2026:KHC:40310 CRL.P No. 9221 of 2026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.1 in SC No.44/2023 pending before the Court of II Additional District and Sessions Judge and Special Judge, Davanagere, arising out of Crime No.465/2022 registered by Channagiri Police Station, Davanagere, for the offences punishable under Sections 498A, 504, 323, 114, 120B, 302, 304B, 201, 34 and 314 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in the present case was registered against the petitioner and others based on the first information received from Smt. Meghana, sister of deceased Rashmi. In the said case, petitioner was arrested on 21.11.2022 and remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons and petitioner is arrayed as
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HC-KAR
CNR: KAHC010433402026 NC: 2026:KHC:40310 CRL.P No. 9221 of 2026
accused No.1 in the charge sheet. His bail application filed before the Trial Court was earlier rejected and therefore, he had approached this Court in Crl.P.No.8004/2023 which was rejected on 07.11.2023. Subsequently, petitioner has filed a fresh bail application before the Trial Court in SC No.44/2023 which was rejected on 08.12.2025. Therefore, he is before this Court.
4.
Learned counsel for the petitioner submits that all the other accused except the petitioner are enlarged on bail. CW1 to CW3, who are the material charge sheet witnesses are now examined as PW1 to PW3 before the Trial Court and they have turned hostile to the case of the prosecution. Out of the 62 charge sheet witnesses cited in the present case, only 3 charge sheet witnesses are examined as on this date. He, accordingly, prays to allow the petition.
5. Per contra, learned HCGP, has opposed the petition. However, he does not dispute the submission made by learned counsel for the petitioner. He submits that petitioner has committed a heinous offence in which he has committed
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HC-KAR
CNR: KAHC010433402026 NC: 2026:KHC:40310 CRL.P No. 9221 of 2026
murder of his pregnant wife and accordingly, prays to dismiss the petition.
6. Marriage of Rashmi with the petitioner, was performed on 13.04.2022 and initially for short period, they lived happily. Subsequently, petitioner and other accused persons were ill- treating Rashmi in her matrimonial house in furtherance of demand for dowry. This was informed by Rashmi to her parents. On 10.10.2022, first informant was informed that her sister Rashmi was found missing from the midnight of 09.10.2022 onwards. Therefore, her father had registered a missing complaint in Crime No.335/2022. It appears that the dead body of deceased was traced subsequently and since first informant suspected foul play in the death of her sister, she had approached the police and FIR was registered in Crime No.465/2022 against petitioner and accused persons.
7. During the course of investigation, accused persons were arrested and in the charge sheet which is filed subsequently, it is alleged that petitioner had strangulated the neck of deceased with his hands and committed her murder. Subsequently, with
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HC-KAR
CNR: KAHC010433402026 NC: 2026:KHC:40310 CRL.P No. 9221 of 2026
the help of other accused persons, he had shifted the dead body of Rashmi and had buried in a pit which was kept ready in a forest area.
8. Petitioner is in custody in the present case for the last nearly 45 months. It is not in dispute that he has no other criminal antecedents. CW1 to CW3, who are the material charge sheet witnesses and close relatives of deceased have been now examined as PW1 to PW3. Submission made by
learned counsel for the petitioner that the said charge sheet witnesses have not supported the case of the prosecution and therefore, they are treated as hostile witnesses and cross examined by Public Prosecutor is not seriously disputed by learned HCGP.
9. Out of 62 charge sheet witnesses cited in the present case, as on this date, only 3 charge sheet witnesses are examined as PW1 to PW3. Therefore, the chances of trial being completed and the case being disposed off on merits in the near soon is very remote. Accused Nos.2 to 4 have been already enlarged on bail. Considering the aforesaid aspects of
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HC-KAR
CNR: KAHC010433402026 NC: 2026:KHC:40310 CRL.P No. 9221 of 2026
the matter and more so, the period of petitioner's incarceration, I am of the view that without expressing any opinion on merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
10. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.44/2023 pending before the Court of II Additional District and Sessions Judge and Special Judge, Davanagere, arising out of Crime No.465/2022 registered by Channagiri Police Station, Davanagere, for the offences punishable under Sections 498A, 504, 323, 114, 120B, 302, 304B, 201, 34 and 314 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the
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HC-KAR
CNR: KAHC010433402026 NC: 2026:KHC:40310 CRL.P No. 9221 of 2026
Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is
disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DN List No.: 1 Sl No.: 63